2953.71
Post conviction DNA testing definitions.

(A)
"Application"
or "application for DNA testing" means a request through postconviction relief
for the state to do DNA testing on biological material from
the
case in which the
offender was convicted of the offense for which the
offender is an eligible offender and
is requesting the DNA testing under sections 2953.71 to
2953.81 of the Revised
Code.

(C)
"Chain of custody" means a record or other evidence that tracks a subject
sample of biological material from the time the biological material was first
obtained until the time it currently exists in its place of storage and, in
relation to a DNA sample, a record or other evidence that tracks the DNA sample
from the time it was first obtained until it currently exists in its place of
storage. For purposes of this division, examples of when biological material or
a DNA sample is first obtained include, but are not limited to, obtaining the
material or sample at the scene of a crime, from a victim, from an
offender, or in any other manner or time as is
appropriate in the facts and circumstances present.

(D)
"Custodial agency" means the group or entity that has the responsibility to
maintain biological material in question.

(E)
"Custodian" means the person who is the primary representative of a custodial
agency.

(F)
"Eligible
offender" means an offender who
is eligible under division (C) of section
2953.72 of the Revised Code to
request DNA testing to be conducted under sections 2953.71 to
2953.81 of the Revised Code.

(G)
"Exclusion" or
"exclusion result" means a result of DNA testing that scientifically precludes
or forecloses the subject offender as a contributor of biological material
recovered from the crime scene or victim in question, in relation to the
offense for which the offender is an eligible
offender and for which the sentence of death or prison
term was imposed upon the offender.

(H)
"Extracting personnel" means medically approved personnel who are employed to
physically obtain an offender's DNA specimen for purposes of DNA
testing under sections 2953.71 to
2953.81 of the Revised Code.

(I)
"Inclusion" or
"inclusion result" means a result of DNA testing that scientifically cannot
exclude, or that holds accountable, the subject offender as
a contributor of biological material recovered from the crime scene or victim
in question, in relation to the offense for which the
offender is an eligible offender and
for which the sentence of death or prison term was imposed upon the
offender.

(J)
"Inconclusive"
or "inconclusive result" means a result of DNA testing that is rendered when a
scientifically appropriate and definitive DNA analysis or result, or both,
cannot be determined.

(K)
" Offender"
means a criminal offender who was sentenced by a court,
or by a jury and a court, of this state.

(L)
"Outcome determinative" means that had the results of DNA testing of the
subject offender been presented at the trial of the subject
offender requesting DNA testing and been found
relevant and admissible with respect to the felony offense for which the
offender is an eligible offender and
is requesting the DNA testing , and had those results been
analyzed in the context of and upon consideration of all available admissible
evidence related to the offender's case as described in division (D) of
section 2953.74 of the Revised Code, there
is a strong probability that no reasonable factfinder would have found the
offender guilty of that offense or, if the
offender was sentenced to death relative to that
offense, would have found the offender guilty of the aggravating circumstance
or circumstances the offender was found guilty of committing and that
is or are the basis of that sentence of death.

(M)
"Parent sample" means the biological material first obtained from a crime scene
or a victim of an offense for which an offender is
an eligible offender, and from which a sample will be
presently taken to do a DNA comparison to the DNA of the subject
offender under sections 2953.71 to
2953.81 of the Revised Code.

(N)
"Prison"
and
"community control sanction" have the same meanings as
in section
2929.01 of the Revised Code.

(O)
"Prosecuting
attorney" means the prosecuting attorney who, or whose office, prosecuted the
case in which the subject offender was convicted of the offense for which
the offender is an eligible offender and
is requesting the DNA testing .

(Q)
"Reasonable diligence" means a degree of diligence that is comparable to the
diligence a reasonable person would employ in searching for information
regarding an important matter in the person's own life.

(R)
"Testing authority" means a laboratory at which DNA testing will be conducted
under sections 2953.71 to
2953.81 of the Revised Code.

(S)
"Parole" and
"post-release control" have the same meanings as in section
2967.01 of the Revised Code.

(T)
"Sexually
oriented offense" and "child-victim oriented offense" have the same meanings as
in section
2950.01 of the Revised Code.

(U)
"Definitive
DNA test" means a DNA test that clearly establishes that biological material
from the perpetrator of the crime was recovered from the crime scene and also
clearly establishes whether or not the biological material is that of the
eligible offender. A prior DNA test is not definitive if the eligible offender
proves by a preponderance of the evidence that because of advances in DNA
technology there is a possibility of discovering new biological material from
the perpetrator that the prior DNA test may have failed to discover. Prior
testing may have been a prior "definitive DNA test" as to some biological
evidence but may not have been a prior "definitive DNA test" as to other
biological evidence.